PC Minutes-2004-08-24u 32400 PASEO ADELANTO
(949) 493- 1 171
(949) 493-1 053 FAX
SAN JUAN CAPISTRANO, CA 92675
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OF THE
PLANNING COMMISSION
TUESDAY, AUGUST 24,2004
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE L BATHGATE
WYAlT HART
JOE SOT0
DAVID M SWERDLIN
CALL TO ORDER
The meeting of the Planning Commission was called to order by Vice Chairman
Cardoza at 7:OO p.m., followed by the Pledge of Allegiance to the Flag.
ROLL CALL:
Commissioners Present: Robert Cardoza, Vice Chairman
Sheldon Cohen
Joe Drey
Gene Ratcliffe
Commissioners Absent: Tim Neely, Chairman
Staff Present: Molly Bogh, Planning Director; Omar Sandoval, Deputy City Attorney;
William Cunningham, Contract Staff; Amy Volzke, Principal Planner; Larry Lawrence,
Consulting Project Manager; Sam Shoucair, Senior Engineer; Sue McCullough,
Recording Secretary.
ORAL COMMUNICATIONS
None
CONSENT CALENDAR
Commissioner Cardoza noted a typographical error in the Motion on page 10 and asked
that the wording “June 27” be changed to “July 27.”
I. Minutes Julv 13, 2004: Commissioner Cohen moved approval, seconded by
Commissioner Drey, of the Minutes of July 13,2004, and the motion passed by a
vote of 4-0.
San Juan Capistrano: Preserving the Past to Efihance the Future
PC Meeting 2 August 24,2004
PUBLIC HEARINGS
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1. CONDITIONAL USE PERMIT (CUP) 04-05, ZONE VARIANCE (ZV) 04-07, SPRINT
TELECOMMUNICATIONS FACILITY; A REQUEST FOR APPROVAL TO
FACILITY TO BE LOCATED AT AN EXISTING RESERVOIR SITE EAST OF 3900
CONSTRUCT A GROUND-MOUNTED ANTENNA AND TELECOMMUNICATIONS
CALLE ANDALUCIA (APN 675-321 -03)
Written Communications
Staff report dated August 24,2004
Applicants
Delta Groups Engineering, Inc., 2362 McGaw Avenue, Irvine, CA 926143-3832, Attn:
Kenny Zwick, 949-622-0333
Sprint PCS Assets LLC, 6580 Sprint Parkway, Overland Park, KS 66251, 913-794-5320
Property Owner
City of San Clemente, 380 Avenida Pico, Bldg. N, San Clemente, CA 92672, Attn: Dave
Rebensdorf, 949-361-61 30
Staff presentation & recommendation
Mr. Lawrence presented the staff report as a request for approval to construct a ground-
mounted antenna and telecommunications facility to be located at an existing reservoir
site east of 3900 Calle Andalucia.
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Staff found that the present parcel is very small; therefore it is not feasible to meet the
required side yard setback. Staff believes that the proposed facility will not have an
adverse affect on nearby residential and other properties since the view of the “antenna
tree” will be partially obscured.
Staff recommends approval of the Zone Variance and Conditional Use Permit subject to
the conditions attached to the staff report.
Public Hearing
Kenny Zwick, 2362 McGaw, Irvine, representing the Applicant, said that this is a
customer-driven build-out. The facility was moved from the north side of the gate to the
west side of the gate because of an underlying water line. The elevation and views
should remain the same and the palm-tree design will allow for future co-location of
antennas with other providers.
Commissioner Cohen asked what other sites are located in the south county area, what
attempts have been made to co-locate with other providers in this area, and if 37 feet is
required for the antenna. Mr. Zwick said this site is to serve the community that
PC Meeting 3 August 24,2004
immediately surrounds the water tank and that the top of the antenna is 33 feet, which is
needed to provide needed coverage.
Commissioner Drey asked if the additional palms would be a similar height. Mr. Zwick
said the size of the 3 fan palms could be dictated by the Planning Commission.
Vice Chairman Cardoza asked for clarification of the type of tree. Mr. Zwick said the
palm tree would look like a fan palm.
Kevin Winter, 3900 Calle Andalucia, San Clemente, spoke in opposition to the project
due to the radio frequencies and degradation of property values and asked if the tower
would generate heat, smoke, or noise. He suggested a stand of trees higher than 20
feet.
Jim Gregerson, 3911 Calle Andalucia, San Clemente, said he has signatures from 8
homeowners in opposition to the project due to blocked views.
Michael Burton, 27282 Paseo Peregrino, San Juan Capistrano, spoke in opposition to
the project due to blocked view and lowered property values.
Mr. Zwick said that as more users utilize the system the capacity would be taxed and
that the facility generates no noise, vibrations, odors, fumes, particulates or smoke. Mr.
Zwick said that the amount of non-ionizing radiation is 3,000 below the ANSI standard
for non-occupational exposure. He also stated that any scaling down of height would
make it harder for a potential co-existing carrier to install its equipment.
Kevin Winter, 3900 Calle Andalucia, San Clemente, asked if the Applicant has looked at
sharing an existing tower versus putting in a new tower.
Mr. Lawrence said he is unaware of any other companies looking for installation of
antennas in the area at this time, requiring co-location.
Commissioner Questions and Comments
Commissioner Cohen asked Mr. Sandoval for clarification of existing latitude for City
regulation. Mr. Sandoval said that the FCC has adopted specific regulations that have
pre-empted local jurisdiction over the use of antennas based on radio frequency. The
FCC rules pre-empt local interference with radio, televisions, and other electronic
equipment. Mr. Sandoval said that a 37-foot structure is not covered by the %-foot
building height limit.
Commissioner Drey said that the facility and surrounding foliage are above the homes
in the area.
Commissioner Ratcliffe said she supports the facility including the stand of palm trees.
PC Meeting 4 August 24,2004
Commissioner Cohen said he would need more information justifying that this project
has to be placed at this location.
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Vice Chairman Cardoza supports the facility because for the need for additional
telecommunications coverage.
Motion
Commissioner Drey moved , seconded by Commissioner Ratcliffe, to adopt Resolution
No. 04-08-24-1 conditionally approving a Zone Variance and Conditional Use Permit for
a Sprint telecommunication facility east of Calle Andalucia, with a condition that the
palm trees grouped in a natural stand be an average of 20 feet in height and adding
Condition 1 .I 1 that the final design would be approved by the Planning Director.
AYES: Commissioners Cardoza, Drey, and Ratcliffe.
NOES: Commissioner Cohen
ABSENT: Chairman Neely
ABSTAIN: None
This motion passed by a vote of 3-1.
NEW BUSINESS L
1. TREE REMOVAL PERMIT (TRP) 04-07; A REQUEST TO REMOVE A TOTAL
OF 102 TREES, INCLUDING TWENTY-ONE TREES OF 24-INCH CALIPER OR
LARGER, WITHIN THE MASTER PLANNED RESIDENTIAL AREA KNOWN AS
PACIFICA SAN JUAN (VESTING TENTATIVE TRACT MAP 15609) LOCATED AT THE
TERMINUS OF VALLE ROAD EAST OF INTERSTATE 5; APN # 666-301-01,675-361-
- 01
Applicant
SunCal Companies, c/o Ron Freeman, 2392 Morse Ave., Irvine, CA 92614
Owners
SJD Partners Ltd., 2392 Morse Ave., Irvine, CA 92614
Landscape ArchitecVArborist:
Gregory W. Applegate, ASCA, ASLA, 1131 Lucinda Way, Tustin, CA 92780
Written Communications
Staff report dated August 24,2004
Vice Chairman Cardoza recused himself from the SunCal item and Commissioner
Cohen continued as Acting Chairman.
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PC Meeting 5 August 24,2004
Staff presentation & recommendation
Ms. Volzke presented the staff report as a request to remove a total of 102 eucalyptus
trees from the northerly portion of the Pacifica San Juan site. Ms. Volzke said that the
Applicant and project engineering geologist have indicated that the tree removal is
necessary to facilitate grading construction of a fill buttress which will stabilize the slope
and adjoining residential lots. The arborist’s report recommends removal of all of the
102 trees.
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Staff recommends approval of the request to remove 102 eucalyptus trees.
Commission Questions and Comments
Commissioner Cohen asked if the City had made any independent evaluation other
than what the arborist has contended and under what conditions the City would retain
an arborist for a second opinion. Ms. Volzke said that a site inspection and review of
documents by City engineering staff confirmed the validity of the arborist’s report. Ms.
Bogh said that the Applicant provided photographic evidence and a thorough arborist‘s
report, which also included tree preservation recommendations; therefore staff did not
see a need for additional documentation.
Commissioner Ratcliffe said she concurs with staff recommendation.
Commissioner Drey said that the arborist’s report did not state the type(s) of
replacement trees. Ms. Volzke said that staff has included a condition of approval which
requires submittal of a slope re-vegetation plan that would identify the proposed
replacement tree species, and approval of the subject plan by the Design Review
Committee (DRC).
b
Motion
Commissioner Ratcliffe moved, seconded by Commissioner Drey to adopt Resolution
04-08-24-2 approving the Applicant’s request as conditioned by staff
AYES: Commissioners Cohen, Drey and Ratcliffe
NOES: None
ABSENT: Chairman Neely
ABSTAIN: Vice Chairman Cardoza
This motion passed unanimously by a vote of 3-0, with Vice Chairman Cardoza
recused.
PC Meeting 6 August 24,2004
CO M M I SSlONlSTAFF COMMENTS -
Vice Chairman Cardoza inquired about the CEQA Guidelines information which was
placed on the dais for distribution to the Planning Commissioners. Ms. Bogh replied that
the information was provided to the Commissioners in advance of the typical packet
distribution in order to allow additional time for review of this item, which is scheduled to
be considered by the Commission on September 14,2004.
Commissioner Cohen mentioned that a vinyl banner sign that advertises Village Dental
Care within the Rancho Ortega Plaza appears to be inconsistent with the approved sign
program for the subject retail center. Ms. Bogh said she would forward that information
to Code Compliance for research.
Commissioner Ratcliffe said that the rough grading along the southerly boundary of
Rancho Madrina adjacent to the detention basin looks “unnatural” and inquired if the
final grades at the southwesterly boundary of the site will be similar or substantially
different than the rough grades. Ms. Bogh said that she would ask Bill Ramsey, the
project manager for Rancho Madrina, to call Ms. Ratcliffe and address her question.
Vice Chairman Cardoza asked for an update on the J. Serra project. Bogh said that a
City Council hearing for this item has been scheduled for August 31, 2004, and that
copies of the staff report should be available by August 25, 2004. Vice Chairman
Cardoza complimented staff on the preparation of the JSerra staff reports, and asked
when the Planning Commission/DRC joint workshop on procedures would be held. Ms.
Bogh said that it is currently scheduled for the September 28th Planning Commission
meeting.
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ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
8:15 p.m. The next regular meeting is scheduled for Tuesday, September 14, at 7:OO
p.m. in the Council Chambers.
Respectfully submitted,
Planning Director
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